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The Weekly Reporter Volume 49 book

The Weekly Reporter Volume 49 book

The Weekly Reporter Volume 49. Great Britain Supreme Judicature

The Weekly Reporter Volume 49
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Author: Great Britain Supreme Judicature
Page Count: 970 pages
Published Date: 01 Mar 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781130366471
Download Link: The Weekly Reporter Volume 49
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 Excerpt: ...1 makes the " sale" an offence, and White, having sold, not being duly qualified, is liable to a penalty under section 15. So, too, the "seller," within the meaning of section 15 of the Pharmacy Act, 1868, is defined by seotion 17 as the person who shall make the contract, and therefore again, as Woite made the contract, he is liable. There are many analogous cases under the Licensing Acts where the acts of the agent are treated as those of the principal--for example, Stallard v. Marks 26 W. B. 694, 3 Q. B. D. 412. The facts in this case differ from any that have been before the courts on this part of the Act, and the arguments in Pharmaceutical Society v. London and Provincial Supply Association, 28 W. R. 957, 5 App. Cas. 857, applied to these facts, are conclusively in favour of the plaintiff's contention that White must be deemed to be the person who actually sold within the meaning of the Act of 1868 to the purchaser the poison; even assuming the contract of sale was not completed until the Liverpool company had made delivery. In Pharmaceutical Society v. Wheeldon, 24 Q. B. D. 683, 38 Vf. E. Dig. 148, an unregistered assistant of a qualified ohemist who in the absence of hiB master sola poison was held liable to a penalty under section 15. The words are perfectly clear, "Any person who shall sell poisons not being duly registered" commits an offence under the Act, and the appeal should therefore be allowed. Gavanagh and IF. W. Orr, for the defendant, were not heard. A. L. Smith, M.B.--In this case tbe Pharmaceutical Society appeal against a decision of the Divisional Court in an action heard in the county court which they brought against one White for selling poison contrary to the statute, and they claimed a penalty of ...

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